N.H. Rev. Stat. § 635:2

Current through Chapter 381 of the 2024 Legislative Session

Section 635:2 - [Effective 1/1/2025] Criminal Trespass

I. A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.

II. Criminal trespass is a misdemeanor for the first offense and a class B felony for any subsequent offense if the person knowingly or recklessly causes damage in excess of $1,500 to the value of the property of another.

III. Criminal trespass is a misdemeanor if:

(a) The trespass takes place in an occupied structure as defined in RSA 635:1, III; or

(b) The person knowingly enters or remains:

(1) In any secured premises;

(2) In any place in defiance of an order to leave or not to enter which was personally communicated to him by the owner or other authorized person;

(3) In any place in defiance of any court order restraining him from entering such place so long as he has been properly notified of such order;

(4) On any grounds, lands, or parking areas of any state correctional facility or transitional housing unit operated by the department of corrections without prior authorization or without a legitimate purpose associated with department of corrections operations;

(5) On open space land in violation of a posted "no trespass except for skiing, snowshoeing, fishing, hunting, hiking, or nature observation" sign authorized pursuant to RSA 79-A:4, II; or

(6) On the property of another during the commission of any crime under RSA 318-B or RSA 633:7.

IV. All other criminal trespass is a violation.

V. In this section, "secured premises" means any place which is posted in a manner prescribed by law or in a manner reasonably likely to come to the attention of intruders, or which is fenced or otherwise enclosed in a manner designed to exclude intruders.

VI. In this section, "property," "property of another," and "value" shall be as defined in RSA 637:2, I, IV, and V, respectively.

RSA 635:2

Amended by 2024, 321:9, eff. 1/1/2025.

Amended by 2020 , 37: 41, eff. 9/27/2020.

1971, 518:1. 1979, 377:7. 2005, 125 : 1 . 2010, 239 : 2 , eff. July 1, 2010. 2020, 37 : 41 , eff. Sept. 27, 2020.

This section is set out more than once due to postponed, multiple, or conflicting amendments.